Local Rule 1002-1: FILING OF PETITION

Rule 1002-1 FILING OF PETITION

(a) Petition.

(i) A petition commencing a case under any chapter of the Bankruptcy Code in which the debtor's address is located in Kings, Richmond, or Queens County shall be filed in the office of the Clerk in the Brooklyn courthouse or designated as a Brooklyn case if filed electronically.

(ii) A petition commencing a case under any chapter of the Bankruptcy Code in which the debtor's address is located in Nassau or Suffolk County shall be filed in the office of the Clerk in the Central Islip courthouse or designated as a Central Islip case if filed electronically.

(b) Electronic Filing.

Notwithstanding subdivision (a) of this rule, a petition commencing a case under any chapter of the Bankruptcy Code shall be filed by electronic means in the manner specified by the General Order on Electronic Filing Procedures and these rules.

(c) Incomplete Filing.

In the event that a petition is submitted without full compliance with all requirements, the Clerk shall accept the same for filing and shall provide the debtor, debtor's counsel and the trustee, if any, with a notice of the deficiencies.

(d) Individual Debtors.

(i) Any individual debtor who is not represented by an attorney (an "Unrepresented Debtor") seeking to file a petition shall provide an original photo identification of himself or herself at the time of filing. If the petition is a joint petition, photo identification for both debtors shall be provided.

(ii) Any individual presenting a petition for filing on behalf of an Unrepresented Debtor shall provide an original photo identification for the debtor or debtors named in the petition, and for himself or herself, at the time of filing.

(iii) Where a petition is presented for filing by mail, it shall be accompanied by a copy of photo identification for the debtor or debtors named in the petition.

(iv) Acceptable identification for the purposes of this rule includes a state driver's license, a U.S. passport, an identification card issued by a federal, state, or local governmental entity, military identification, a resident alien card, or a student identification card. Identification shall be current and legible, and shall include a photograph.

(v) If an Unrepresented Debtor, or individual presenting a petition for filing on behalf of an Unrepresented Debtor, does not provide photo identification at the time the petition is presented for filing, the filer must sign a statement setting forth his or her name, address and telephone number and affirming that the filing of the petition is authorized. If a petition is filed without photo identification, photo identification shall be provided to the Clerk's Office for all of the debtors named in the petition within 14 days, or a motion for waiver of the requirement shall be made within that time.

(e) Chapter 11 and Chapter 15 Debtors To the extent practicable, when a prospective chapter 11 debtor or chapter 15 petitioner anticipates the need to seek orders for immediate relief, counsel for the debtor or petitioner shall contact the United States trustee and the Clerk prior to filing a voluntary petition for relief under chapter 11 or chapter 15 of the Bankruptcy Code, for the purpose of advising the United States trustee and the Clerk of the anticipated filing of the petition (without disclosing the identity of the debtor or petitioner) and the matters on which the debtor or petitioner intends to seek immediate relief.

CROSS-REFERENCE: E.D.N.Y. LBR 1073-1, 9011-1 REFERENCES: Bankruptcy Code § 521; Court's Website; General Order on Electronic Filing Procedures